The Archive · 1926

Boycotting the Court

Almost the same can be said about the boycott of the Court started by a section of the Chinese residents as a result of the anti-Mixed Court agitation.

The average number of cases filed in June, July, August and September showed 'a very considerable decrease, amounting to about 50 per cent. of the number of cases filed in 1924, but in the following three Mr. TT. Buexsene Senior American Assessor es, Vu Vina-vote Firet Assistant Mixed Court Magistrate months the number of petitions reached its normal figure. The number of all Chinese civil cases filed with the Court during 1925 amounted to 1,496, showing only a slight decrease of 86 as compared with 1924, course, these favourable changes in the attitude of the Chinese in respect to the Mixed Court cannot be solely attributed to the position assumed by the British Chamber of Commerce in such a complicated problem as that of the Mixed Court, but still the tactfulness displayed by that Chamber in a most critical time must be acknowledged. It helped to dispel the asperity between the Court and the Chinese people.

On the other hand, close and impartial scrutiny leads us to the conclusion that in spite of all criticism passed on the constitution and practice of the Court during past years, its work has earned a certain respect even in the eyes of its bitterest opponents. It proved, during 1926, that it Possessed the necessary stability to continue its development and to maintain peace and order in a community thrown into unforeseen confusion by the sudden turn of events, Indeed, in spite of most unfavourable conditions, the Court did not cease to function for a single moment. On the contrary, in 1925, it succeeded in solving Judicial difficulties which even one year ago appeared to be almost unsurmount+ able. It succeeded in solving the problem of the jurisdiction of the Court in cases where the foreign nationality of the parties was disputed.* It attained an indispensable uniformity in the practice irrespective of the constitution of the Bench, very important precedent of which was comprised in the order of Messrs, Yul and Jacobs, U. 8. Consul acting as Mixed Court Assessor, in the case of Dzung-Tsong-sz. It solved the question of referring foreign civil cases to a differently constituted Court in case of a difference of opinion between the Magistrate and Assessor, oven if the Court was constitute ed of an Assessor of another nationality, thus emphasizing once more the inter: national nature of the. Court.

It is needless to say how important are these achievements in the administration of justice to the international community in Shanghai,

Text read from the printed page and cleaned; old type leaves the occasional error.

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